Terms and Conditions
GENERAL
www.pinkcow.com.au is a site owned and operated by PINK COW PTY LTD (“we” or “us”), a company which is registered in Australia under ACN 619 189 758. Our email address is customersupport@pinkcow.com.au.
Part A (the “Standard Conditions“) and Part B (the “Additional Conditions“) of these terms and conditions (together with the documents referred to in the same including the terms and conditions in the Instruction) set out the basis on which we agree to provide our services to you.
We may revise the Conditions (as defined below) at any time by updating this posting. You should check the Web-Site (as defined below) from time to time to review the current version of the Conditions because they are binding on you. Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of the Web-Site.
The Conditions apply to the access to and use of the Web-Site and to any correspondence by e-mail between you and us. Please read the Conditions carefully before using the Web-Site. Using the Web-Site indicates that you accept the Standard Conditions regardless of whether or not you choose to use the services offered by us. If you do not accept the Standard Conditions, please do not use the Web-Site.
You may access some areas of the Web-Site without the need to submit the online form(s) on the Web-Site in which case only the Standard Conditions will apply to you. Certain areas of the Web-Site are only open to you if you have submitted the online form(s) on the Web-Site and if you decide to submit such form(s) you will be asked to confirm expressly that you have read and accept all the Conditions.
Any rights not expressly granted in these terms are reserved.
PART A
STANDARD CONDITIONS
1. DEFINITIONS
“ATO”means the Australian Tax Office;
“Conditions” means all conditions applicable to a person accessing the Web-Site in connection with his or her use of the Web-Site, being the Standard Conditions only for a Web-Site visitor and the Standard Conditions and the Additional Conditions (together with the documents referred to in the same including the terms and conditions under the Instruction) for a person submitting the online form(s) on the Web-Site;
“Instruction”means the agreement entered into between us and the User for the fulfilment of the Tax Submission and/or Superannuation Submission the terms and conditions of which agreement are at https://www.pinkcow.com.au/en/instruction_terms and which the User acknowledges we may sub-contract to a third party tax agent;
“User”means a person who has submitted their details information and/or documentation to us using the online form(s) on the Web-Site and/or otherwise for the purposes of the Tax Submission and/or Superannuation Submission;
“Web-Site” means http://www.pinkcow.com.au
“Superannuation Fund”means a registered superannuation fund to which the User has made contribution payments;
“Superannuation Refund”means as a result of the Superannuation Submission a refund of superannuation paid to the User or us (on the User’s behalf) by the User’s Superannuation Fund or otherwise;
“Superannuation Submission” means the preparation and submission to the User’s Superannuation Fund by us of a superannuation reclaim on behalf of a User pursuant to the Instruction;
“Superannuation Search” where the User does not know their superannuation fund(s) or membership number(s) and we attempt to obtain such detail on the User’s behalf;
“Tax Refund”means as a result of the Tax Submission a refund of income tax to the User or us (on the User’s behalf) by the ATO or otherwise;
“Tax Submission” means the preparation and submission to ATO by us of a tax return on behalf of a User pursuant to the Instruction;
2. ACCESS
(a) Whilst we use reasonable endeavours to ensure that the Web-Site is available at all times, we shall not be liable if the Web-Site is unavailable at any time or for any period.
(b) The Web-Site may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control.
3. CONTENT
(a) Whilst we endeavour to ensure that the information on the Web-Site is correct, we do not warrant the accuracy or completeness of such information on the Web-Site. We may make changes to the information on the Web-Site at any time and without notice. The material on the Web-Site may be out of date and we make no commitment to update the same.
(b) You may not misuse the Web-Site (including, without limitation, by hacking).
(c) The contents of the Web-Site is provided “as is” and we provide no warranty in respect of such contents.
(d) We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or location of anyone posting any material in breach of this clause 3.
4. LICENCE
(a) You are permitted to view, print and download extracts from the Web-Site for your own use on the basis that:
(i) no graphics on the Web-Site are used separately from the corresponding text;
(ii) our copyright and any other intellectual property rights notices and this permission notice appear in all copies; and
(iii) no documents or related graphics on the Web-Site are modified in any way.
(b) Subject to clause 4(a), no part of the Web-Site may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.
(c) Unless otherwise stated, the copyright and other intellectual property rights in all material on the Web-Site (including, without limitation, photographs and graphical images) are owned by us or our licensors. Save as agreed otherwise, any use of extracts from the Web-Site other than in accordance with clause 4(a) is prohibited, and if you breach clause 4(a), your permission to use the Web-Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Web-Site.
5. DISCLAIMER
(a) To the extent permitted by law we hereby exclude:
(i) any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the Web-Site or in connection with the use, inability to use, or results of the use of the Web-Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
· loss of income or revenue;
· loss of business;
· loss of profits or contracts;
· loss of anticipated savings;
· loss of data;
· loss of goodwill;
· wasted management or office time; and
· for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
(ii) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b) Clause 5(a) does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
6. INFORMATION ABOUT YOU
Any information about you that we process will be processed in accordance with our privacy policy https://www.pinkcow.com.au/en/privacy_policy. By using the Web-Site you consent to such processing.
7. TERMINATION
(a) We may, at our sole discretion, restrict your access to the Web-Site and/or refuse to correspond with you without prior notice where:
(i) we consider that you are abusing the Web-Site or are otherwise acting in breach of any of the Conditions;
(ii) there is any event beyond our reasonable control preventing us from providing access to the Web-Site (for example, and without limitation, technical difficulties, capacity problems and communication failures);
(iii) there is a regulatory or statutory change limiting our ability to provide access to the Web-Site; or
(iv) we otherwise (in our absolute discretion) consider it appropriate to do so.
8. LINKS TO AND FROM OTHER WEBSITES
(a) Links to third party websites on the Web-Site are provided solely for your convenience. If you use these links, you leave the Web-Site. We have not reviewed all of these third party websites and do not control and are not responsible for their content or availability. We do not therefore endorse or make any representations about them, or any information or material found there, or any consequences of using them. If you decide to access any of the third party websites linked to the Web-Site, you do so entirely at your own risk.
(b) If you would like to link to the Web-Site, you may only do so on the basis that you link to, but do not replicate, the home page of the Web-Site, and subject to the following conditions:
(i) you do not remove, distort or otherwise alter the size or appearance of any logos used by us on the Web-Site;
(ii) you do not create a frame or any other browser or border environment around the Web-Site;
(iii) you do not in any way imply that we are endorsing any products or services other than our own;
(iv) you do not misrepresent your relationship with us nor present any other false information about it;
(v) you do not otherwise use any trademarks owned by us (whether these are registered or unregistered) which are displayed on the Web-Site without our express written permission;
(vi) you do not link from a website that is not owned by you; and
(vii) your website does not contain content that we, in our sole discretion, consider to be distasteful, offensive or controversial, in infringement of any intellectual property rights or other rights of any other person or which doesn’t otherwise comply with all applicable laws and regulations.
(c) We expressly reserve the right to revoke the right granted in clause 8(b) for breach of the Conditions and to take any action that we deem appropriate.
(d)You shall fully indemnify us for any loss or damage that we may suffer for breach of clause 8(b).
9. DOMAIN NAME
You agree not to register any domain name that includes the word ‘pinkcow’ infers it is connected to us or in any way casts aspersions on us.
10. GENERAL
(a) Any and all notices to be given pursuant to or in connection with the Conditions shall be deemed sufficiently given:
(i) to you when sent by e-mail or facsimile transmission in each case addressed to you at any e-mail address or facsimile number you have given to us; or
(ii) to us when delivered by email addressed to us at the e-mail address displayed at the start of these Conditions.
(b) You warrant that it is legal for you to view the Web-Site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its contents.
(c) The Conditions constitute the entire agreement between ourselves as to your use of the Web-Site and shall supersede any prior agreement or representation in respect thereof.
(d) No provision of the Conditions shall be enforceable by any third party under any Australian law or otherwise.
(e) If any provisions of the Conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
(f) A failure or delay in enforcing compliance with one or more provisions of these Conditions shall not constitute a waiver of any other provision of these Conditions.
(g) Unless otherwise specified, the Web-Site is directed solely at those who access it from Australia. Should you choose to access the Web-Site from locations outside Australia then you will be responsible for compliance with local laws if and to the extent local laws are applicable.
(h) The Conditions are governed by the laws of Australia and you agree to submit to the exclusive jurisdiction of the Australian courts.
PART B
ADDITIONAL CONDITIONS
(Relevant only to Users)
These terms and conditions are supplemental to the Standard Conditions. The Conditions (Parts A and B together with the documents referred to in the same including the terms and conditions under the Instruction) form the basis of the agreement that you enter into with us when submitting your details information and/or documentation to us using the online form(s) on the Web-Site and/or otherwise (the “Agreement“) and will govern your conduct as a User.
11. OUR SERVICES
(a) Pink Cow Pty Ltd is a registered tax agent under registration number 25685469.The Web-Site acts as a portal through which data and supporting documentation can be collated by us from and on behalf of the User for the purposes of the Tax Submission and/or Superannuation Submission.
(b) By submitting their details information and/or documentation to us using the online form(s) on the Web-Site and/or otherwise the User also enters the Instruction with us.
(c) The tax calculator refund estimate on the Web-Site is purely an estimate of the tax refund the User may be able to claim from the ATO based on the information provided by the User to us using the online tax calculatorlocatedwww.pinkcow.com.au. This is in no way a commitment by us as to the amount of tax the User will be able to reclaim, it is purely an estimate.
(d) Should the Tax Submission require tax to be paid by the User to the ATO the User shall be solely liable and responsible for paying the same and we have no liability or responsibility in respect of the same.
(e) Should the Superannuation Submission require funds to be paid by the User to the ATO and/or Superannuation Fund the User shall be solely liable and responsible for paying the same and we have no liability or responsibility in respect of the same.
12. FURTHER DISCLAIMER
Save where expressly stated otherwise in the Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable by any third party under Australian law or otherwise and the Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between us and the User or in favour of third parties.
13. UNLAWFUL TRANSACTIONS
Users shall not use the Web-Site for unlawful activities. Any aspect of a Tax Submission and/or Superannuation Submission carried out, or sought to be carried out unlawfully by the User, is prohibited.
14. FEES
(a) We charge a fee (the “Fee“) to Users who have submitted their details information and/or documentation to us using the online form(s) on the Web-Site and/or otherwise for the purposes of the Tax Submission and/or Superannuation Submission.
(b) The Fee (excluding Goods and Services Tax (“GST“)) is:
(i) in respect of each Tax Submission, a flat fee starting from $110 (Australian Dollars) depending on the the complexity of the tax return; and
(ii) in respect of each Superannuation Submission, $249 (Australian Dollars) for each Superannuation Fund in respect of which a Superannuation Refund is claimed;
(iii) in respect of a lost Superannuation Search, $249 (Australian Dollars) for each Superannuation Fund which is traced and found by us on behalf of the User;
(c) 10% GST is included on the Fee in respect of both Superannuation and Tax Submissions;
(d) The Fee including the GST is payable to us immediately following receipt of a Tax Refund or Superannuation Refund or (in the event that no Tax Refund or Superannuation Refund is received and/or the Tax Refund or Superannuation Refund is not sufficient to pay the Fee and/or if a Tax Submission and/or Superannuation Submission is not made and/or is terminated), within 7 days of demand by us.
(e) We charge an additional fee (the ” Documentation Fee“) at the rate of $22 (Australian Dollars) (including GST) per document in relation to a User who has submitted their details and information to us using the online form(s) on the Web-Site and/or otherwise for the purposes of the Tax Submission and/or Superannuation Submission but which User has not attached the required documentation (as stipulated in the claim tax and/or claim superannuation sections of the Web-Site) to enable the Tax Submission and/or Superannuation Submission to be made. In such circumstances, the User authorises us to obtain such documentation on behalf of the User from third parties in the event that the User does not provide the same to us within 5 working days of the submission of their details and information to us using the online form on the Web-Site. The Documentation Fee is payable at the same time and in the same manner as the related Fee.
(f) We charge an additional fee (the “International Transfer Fee“) at the rate of $50 (Australian Dollars) (including GST) where we transfer the Client Tax Refund and/or Superannuation Refund to an international (non-Australian) bank account on behalf of the client.
(g) The obligation to pay the Fee and/or (where relevant) Documentation Fee still applies if the Instruction is entered via the Web-Site but a Tax Submission and/or Superannuation Submission is not made and/or is terminated and/or if the Instruction is terminated and/or a Tax Refund and/or Superannuation Refund is not received and/or a Tax Refund and/or Superannuation Refund is not sufficient to pay the Fee. We may waive our right to receive the Fee and/or (where relevant) Documentation Fee as a gesture of goodwill; however the grant of any such waiver is entirely within our discretion and if so granted is always without accepting any legal obligation to do so.
(h) We reserve the right to waive or change the Fee and/or Documentation Fee at any time. We may also temporarily change or suspend the Fee and/or Documentation Fee for a promotional period. Any such changes will be described on the Web-Site from time to time.
15. INFORMATION YOU SUPPLY
(a) The User is solely responsible for the details documentation and information it provides to us using the online form(s) on the Website and/or otherwise and/or documentation and information we obtain from the third parties on behalf of the User (the “Information”) and the same must be true, legal, accurate and non-fraudulent when provided by the User and is assumed to be true, legal, accurate and non-fraudulent when provided by third parties.
(b) The User agrees to use common sense and good judgment when providing any Information to us.
(c) For the avoidance of doubt we shall have no obligations and accept no liability for and/or in respect of any Information which is inaccurate or untrue.
(d) Save for where being provided for the purposes of the Tax Submission and/or Superannuation Submission,personally identifiable Information is covered under our Privacy Policy (accessible by clicking on the linkhttps://www.pinkcow.com.au/en/privacy_policy).Any other Information shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such other Information and we shall be free to copy, disclose, distribute, incorporate and otherwise use the Information and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
16. REJECTION OR REMOVAL OF INFORMATION
(a) We reserve the right to reject and/or remove the Information at any time and for any reason or for no reason and without notice to the User.
(b) If the User’s Information is so removed and/or rejected he or she may appeal for reinstatement. The User’s appeal must include a written statement as to why their Information should be reinstated along with the User’s contact details. The User’s appeal may be reviewed at our discretion and any determination as to reinstatement will be at our sole discretion. The User’s submission of an appeal does not, in any manner, guarantee that the Information will be reinstated or that the appeal will necessarily be reviewed. We will contact the User as to our decision to reinstate. We are not obligated to give the User any reasoning as to our decision. All decisions made by us are final.
17.USE OF PINKCOW
The User agrees that he or she shall not acquire (by way of acquisition of a domain name and/or intellectual property rights or otherwise) the word “pinkcow” or any variant that includes the word “pinkcow” or may be confused with it on Google Adwords or any similar internet advertising service.
18. NO CONVICTIONS
The User represents that the User, and any individuals associated with the User who will be involved in a Tax Submission and/or Superannuation Submission have not been convicted of a crime which is related in any way to taxation conduct and obligations. Furthermore, the User warrants and represents that there are currently no legal proceedings instituted against the User that would prevent the User from making a Tax Submission and/or Superannuation Submission or affect the User’s ability to perform its obligations under the Conditions.
19. NON-SOLICITATION
During the term of this Agreement, the User shall not solicit to employ nor employ any of our employees of whom the User becomes aware through the performance of this Agreement. Furthermore, the User shall not otherwise hinder any of our other business relationships including those with our members.
20. CONFIDENTIALITY/NON-DISCLOSURE
During the course of the Tax Submission and/or Superannuation Submission we may disclose to the User, or the User may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business. The User hereby agrees that any and all of this information is confidential and shall be our sole and exclusive intellectual property. Any disclosure of our information to a third party (specifically including a direct competitor) is strictly prohibited. All obligations contained herein will survive the termination of this Agreement.